The Articles of Confederations - PowerPoint PPT Presentation

One Nation’s Attempt to Avoid Devolution. The Articles of Confederations. In the Beginning.

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The Article's ratification (proposed in 1777) was completed in 1781, legally uniting the states by compact into the "United States of America" as a union with a confederation government. Under the Articles (and the succeeding Constitution) the states retained sovereignty over all governmental functions not specifically designated to the central government.

The Articles were created by the chosen representatives of the states in the Second Continental Congress out of a perceived need to have "a plan of confederacy for securing the freedom, sovereignty, and independence of the United States." Although serving a crucial role in the victory in the American Revolutionary War, a group of reformers, known as "federalists", felt that the Articles lacked the necessary provisions for a sufficiently effective government. Fundamentally, a federation was sought to replace the confederation.

The Treaty of Paris (1783), which ended hostilities with Great Britain, languished in Congress for months because state representatives failed to attend sessions of the national legislature. Yet Congress had no power to enforce attendance. Writing to George Clinton in September 1783, George Washington complained:

Congress have come to no determination yet respecting the Peace Establishment nor am I able to say when they will. I have lately had a conference with a Committee on this subject, and have reiterated my former opinions, but it appears to me that there is not a sufficient representation to discuss Great National points.

Under the Articles, the president was the presiding officer of Congress, chaired the Cabinet (the Committee of the States) when Congress was in recess, and performed other administrative functions. He was not, however, a chiefexecutive in the way the successor President of the United States is a chief executive, but all of the functions he executed were under the auspices and in service of the Congress.

Under the Articles of Confederation the national government could not tax citizens, instead it relied on the states to replenish the treasury at a time when there was significant debt due to the revolution

Expenditures by the United States will be paid by funds raised by state legislatures, and apportioned to the states based on the real property values of each.

Only the central government is allowed to conduct foreign relations and to declare war. No states may have navies or standing armies, or engage in war, without permission of Congress (although the state militias are encouraged).

The Articles of Confederation established freedom of movement–anyone can pass freely between states, excluding "paupers, vagabonds, and fugitives from justice." All people are entitled to the rights established by the state into which he travels. If a crime is committed in one state and the perpetrator flees to another state, he will be extradited to and tried in the state in which the crime was committed.

Defines the powers of the central government: to declare war, to set weights and measures (including coins), and for Congress to serve as a final court for disputes between states.

Criminals needed to be formally extradited to another state before they could be tried.

Justice was extremely difficult achieve due to the extradition process and the difference in legal systems throughout the states. Indeed, even the money each state used was different which made collecting debts from individuals and civil law suits very complicated matters that stifled the expansion of commerce and business.

The Articles of Confederation declared that the Articles are perpetual, and can only be altered by approval of Congress with ratification by all the state legislatures.

“Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated."

“Established the United States as a league of states united ". . . for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them . . . ."